N.M. Stat. » Chapter 72 — Water Law
New Mexico Statutes

N.M. Stat. § 72-4-16 (2026)

[Reports of hydrographic surveys; filing with state

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engineer; copies as evidence.] All reports of hydrographic surveys of the waters of any stream system, or parts thereof, and other surveys heretofore or hereafter made by the state engineer, or under his authority, or by any engineer of the United States, or any other engineer, in the opinion of the state engineer qualified to make the same, may, when made in writing and signed by the party making the same, be filed in the office of such state engineer, and the originals or certified copies thereof, made by such state engineer, shall be received and considered in evidence in the trial of all causes involving the data shown in such survey, the same as though testified to by the person making the same, subject to rebuttal, the same as in ordinary cases.

History: Laws 1919, ch. 124, § 1; C.S. 1929, § 151-121; 1941 Comp., § 77-405; 1953 Comp., § 75-4-5.

ANNOTATIONS

Cross references. — For the state engineer, see 72-2-1 NMSA 1978.

Hydrographic surveys prepared by United States. — The state engineer may make use of all or part of a hydrographic survey prepared by the United States, but even if he does not accept the United States survey, it still may be offered into evidence at a state court trial involving the general adjudication of water rights. U.S. ex rel. Acoma & Laguna Indian Pueblos v. Bluewater-Toltec Irrigation Dist., 580 F. Supp. 1434 (D.N.M. 1984), aff'd, 806 F.2d 986 (10th Cir. 1986).

Law reviews. — For comment, "Indian Pueblo Water Rights Not Subject to State Law Prior Appropriation," see 17 Nat. Resources J. 341 (1977).

Notes of Decisions
Cited in 4 cases, 1984–2018 · leading case: State ex rel. State Eng'r v. San Juan Agric. Water Users Ass', 425 P.3d 723 (N.M. Ct. App. 2018).
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State ex rel. State Eng'r v. San Juan Agric. Water Users Ass', 425 P.3d 723 (N.M. Ct. App. 2018). · cites it 2× “This pseudo-hydrographic survey was a compilation of unverified information compiled by the adversarial claimants-the Navajo Nation and the United States-from unidentified sources. 12 (Emphasis added.) {42} In fact the United States clearly created and produced the technical and…”
Tri-State Generation & Transmission Ass'n v. D'Antonio, 2011-NMCA-015, 249 P.3d 932. · cites it 2× “a hydrographic survey conducted and filed in accordance with [NMSA 1978, Section 72-4-17 (1965) or NMSA 1978, Section 72-4-16 (1919)]; or, if no hydro-graphic survey has been filed, then; E.”
United States v. Bluewater-Toltec Irrigation Dist., 580 F. Supp. 1434 (D.N.M. 1984). · cites it 2× “Thus, the State Engineer could make use of all or part of the hydrographic survey prepared by the United States if he saw fit.”
State ex rel. State Eng'r v. Horner, No. A-1-CA-33437 (N.M. Ct. App. Apr. 3, 2018). · cites it 2× “16 1908), to again flatly reject the concept that Indian water allocations are frozen in 17 time: 23 NMSA 1978, § 72-4-16 (1919). 4 20 This argument was thoroughly discussed in San Juan Agricultural Water Users 21 Ass’n, ___-NMCA-___, ¶¶ 9-13.”
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